Bernal v. People

Defendant Jesse Bernal (Bernal) was convicted of second degree kidnapping, aggravated robbery, conspiracy to commit aggravated robbery, and second degree assault. The court of appeals affirmed his convictions in People v. Bernal, No. 98CA448 (Colo.Ct. App. Nov. 18, 1999)(not selected for official publication). We granted certiorari to consider two issues. First, Bernal contends that his due process right to a fair trial was violated by admission of testimony regarding an out-of-court identification based on an im-permissibly suggestive photo array. Second, Bernal contends that the admission…